logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.02.17 2015노1911
공전자기록등불실기재등
Text

All judgment of the court below shall be reversed.

The sentence against the accused shall be set forth as a fine of four million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. On April 18, 2013, the Defendant asserted that the lower court’s determination was erroneous in misapprehending the legal doctrine on the first instance court’s determination, and without the consent of 2/3 or more of all the members, filed an application for registration of change of the indication in the name of registration, and the lower court acquitted the Defendant even though the intention of interference with business could be recognized.

B. The Defendant asserted that the lower court erred by misapprehending the facts or by misapprehending the legal doctrine as to the judgment of the second instance, carried out a lawsuit for personal interests, not for the organization’s interest, but for

Since the judgment of the court below which acquitted the defendant as to the illegal acquisition intent of the defendant, the judgment of the court below was erroneous in the misapprehension of legal principles.

2. Determination

A. Determination as to the assertion of mistake as to the facts against the judgment of the court below 1 (1) is established in a case where a false report is made to a public official on the original copy of the fair deed, thereby causing the entry of a false fact in the original copy of the fair deed. However, even if there is any defect in the absence or appearance of the original copy of the fair deed, if there is any defect falling under the invalidation even if there is any defect in appearance, such an omission shall constitute a false entry (Supreme Court Decision 2005Do4910 Decided August 25, 2005). However, in a case where a non-corporate company applies for registration of change of indication in the name of registration according to the resolution of the general meeting of the non-corporate company under the Civil Act, whether such act constitutes a cause of mistake in the original copy of the fair deed, barring special circumstances,

A decision shall be made based on whether it can be assessed (see, e.g., Supreme Court Decision 2008Do7755, Nov. 13, 2008). According to the evidence duly adopted and examined by the lower court, the Defendant on Oct. 21, 201.

arrow